CERTIFICATION OF ENROLLMENT

 

                   ENGROSSED HOUSE BILL 2230

 

 

                    Chapter 15, Laws of 2001

 

                         (partial veto)

 

                        57th Legislature

            2001 Second Special Legislative Session

 

 

HEALTH BENEFITS--INCAPACITATED OR DISABLED PERSONS

 

 

 

                    EFFECTIVE DATE:  9/20/01

Passed by the House June 20, 2001

  Yeas 83   Nays 0

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

 

Passed by the Senate June 20, 2001

  Yeas 39   Nays 0

             CERTIFICATE

 

We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 2230  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved July 11, 2001, with the exception of section 4, which is vetoed.Place Style On Codes above, and Style Off Codes below.                

                                FILED                

 

            July 11, 2001 - 2:38 p.m.

 

             GARY F. LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                     ENGROSSED HOUSE BILL 2230

          _______________________________________________

 

           Passed Legislature - 2001 2nd Special Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Cody, Pflug, Linville, G. Chandler and Quall

 

Read first time 04/02/2001.  Referred to Committee on Health Care.

Revising state health and employment support benefits for incapacitated or disabled individuals.  


    AN ACT Relating to state health and employment support benefits for incapacitated or disabled individuals; reenacting and amending RCW 74.09.510; adding a new section to chapter 74.09 RCW; and creating new sections.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  The legislature finds that individuals with disabilities face many barriers and disincentives to employment.  Individuals with disabilities are often unable to obtain health insurance that provides the services and supports necessary to allow them to live independently and enter or rejoin the work force.  The legislature finds that there is a compelling public interest in eliminating barriers to work by continuing needed health care coverage for individuals with disabilities who enter and maintain employment.

    The legislature intends to strengthen the state's policy of supporting individuals with disabilities in leading fully productive lives by supporting the implementation of the federal ticket to work and work incentives improvement act of 1999, Public Law 106-170.  This shall include improving incentives to work by continuing coverage for health care and support services, by seeking federal funding for innovative programs, and by exploring options which provide individuals with disabilities a choice in receiving services needed to obtain and maintain employment.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 74.09 RCW to read as follows:

    (1) It is the intent of the legislature to remove barriers to employment for individuals with disabilities by providing medical assistance to the working disabled through a buy-in program in accordance with section 1902(a)(10)(A)(ii) of the social security act and eligibility and cost-sharing requirements established by the department.

    (2) The department shall establish income, resource, and cost-sharing requirements for the buy-in program in accordance with federal law and any conditions or limitations specified in the omnibus appropriations act.  The department shall establish and modify eligibility and cost-sharing requirements in order to administer the program within available funds.  The department shall make every effort to coordinate benefits with employer-sponsored coverage available to the working disabled receiving benefits under this chapter.

 

    Sec. 3.  RCW 74.09.510 and 1997 c 58 s 201 and 1997 c 59 s 14 are each reenacted and amended to read as follows:

    Medical assistance may be provided in accordance with eligibility requirements established by the department, as defined in the social security Title XIX state plan for mandatory categorically needy persons and:  (1) Individuals who would be eligible for cash assistance except for their institutional status; (2) individuals who are under twenty-one years of age, who would be eligible for temporary assistance for needy families, but do not qualify as dependent children and who are in (a) foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate care facility for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who:  (a) Receive only a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically eligible individuals who meet the income and resource requirements of the cash assistance programs; (5) individuals who are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not completed a current six-month enrollment in a managed health care system, and who are eligible for federal financial participation under Title XIX of the social security act; (6) children and pregnant women allowed by federal statute for whom funding is appropriated; (7) working individuals with disabilities authorized under section 1902(a)(10)(A)(ii) of the social security act for whom funding is appropriated; (8) other individuals eligible for medical services under RCW 74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act; and (((8))) (9) persons allowed by section 1931 of the social security act for whom funding is appropriated.

 

    *NEW SECTION.  Sec. 4.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void.

*Sec. 4 was vetoed.  See message at end of chapter.


    Passed the House June 20, 2001.

    Passed the Senate June 20, 2001.

Approved by the Governor July 11, 2001, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State July 11, 2001.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 4, Engrossed House Bill No. 2230 entitled:

 

"AN ACT Relating to state health and employment support benefits for incapacitated or disabled individuals;"

 

    Engrossed House Bill No. 2230 changes state law as necessary to comply with the federal Ticket to Work and Work Incentives Improvement Act of 1999.  It will allow the Department of Social and Health Services to continue medical coverage for individuals with disabilities who go to work.

 

    However, section 4 of the bill would have rendered the entire act null and void unless specific funding, referencing the act by bill or chapter number, was included in the omnibus appropriations act.  The omnibus appropriations act contains the necessary funding, but without a specific reference to the bill.  Without a veto of section 4, the bill would have been rendered null and void.

 

    For these reasons, I have vetoed section 4 of Engrossed House Bill No. 2230.

 

    With the exception of section 4, Engrossed House Bill No. 2230 is approved."